terest allowed by the laws of the United States, if the secretary of the treasury would allow the note to be deposited in the treasury of the United States, to the credit of the territory, deeming that the proper place in which to deposit it for security.

The secretary declined to issue this note, on the ground that he had no authority to make the payment in this manner; and I have not since renewed the authority to Mr. Lambert or to any other person, as the assembly was about to convene in special session, when the letter of the secretary of the treasury, of the 30th January, was received.

If, however, the legislature does not otherwise direct, I shal deem it my duty to cause this fund to be drawn and invested in treasury notes of the United States, that it may be upon interest until it is appropriated by law.

I submit herewith the correspondence between the Treasury Department and myself on this subject, and as the letters are the originals, I respectfully ask that they may be returned to this office after they are no longer required by the council for its use. J. D. DOTY.

Executive Department,

Madison, April 10, 1843."

On motion of Mr. Crocker,

The foregoing message and accompanying documents were referred to the committee on territorial affairs.

Mr. Whiton, from the committee on enrolled bills, made the following report:

"The committee on enrollment report, that they did, on the tenth day of April, eighteen hundred and forty-three, present to his excellency the governor, for his approval, a bill entitled "Ant act to authorize Silas Peck and David L. Wells to construct and maintain a dam across Fox river;" also, a bill entitled "An act to repeal 'an act incorporating the State Bank of Wisconsin," also, a bill entitled "An act relative to Dodge county;" also, a bill entitled "An act to alter the boundaries of certain towns in the counties of Racine and Rock;" also, a bill entitled "An act to repeal the 4th section of an act entitled 'an act to organize the county of St. Croix,' and to legalize the acts of certain officers in said county, and for other purposes;" also, a bill entitled "An act to change

the name of certain towns in Walworth county;" also, resolution entitled "Resolution relative to wood furnished for the legislative assembly."

EDWARD V. WHITON,

Chairman of the committee on the part of the council.
ROBERT M. LONG,

Chairman of the committee on the part of the house."

The report of the committee of conference relative to bill No. 26, entitled "A bill to repeal the several acts concerning the militia, and for other purposes," was taken up,

And the question being on the adoption thereof,

It was decided in the affirmative, and the report was adopted. Mr. Dewey, from the committee on engrossed bills, reported as correctly engrossed, the following entitled bill, viz:

No. 48, "A bill to provide fer the manner of levying and collecting a territorial revenue."

Mr. Strong, from the committee on the judiciary, made the fol lowing report, viz:

"The judiciary committee, to whom was referred a message of the governor, in relation to a suit commenced against the Territory of Wisconsin, by William Doughty, together with a copy of the summons which was served on the executive, report:

That if it was the appropriate duty of the executive to make the communication to the council, he has been extremely negligent in delaying, until this day, the performance of that duty.

The committee cannot agree with the governor, that "the question is thus presented, whether the people of the territory can, by the name of the 'Territory of Wisconsin,' sue and be sued;" but if any such question is "thus presented," it is only the question whether the territory can be sued, and not whether the territory

can sue.

The committee are of the opinion that the present attorney general is not competent, suitably to represent the interest of the territory in a matter of so much importance to the territory, and they therefore recommend the adoption of a joint resolution to provide for the election of some suitable person to defend the suit of William Doughty against the territory."

Mr. Strong thereupon submitted the following joint resolution, to wit:

Resolved, by the council, (if the house of representatives concur,) that the two houses of the legislative assembly will meet in the representatives hall on Saturday, the 15th of April, instant, to elect some person to defend a suit, pending in Dane county, against the territory, in favor of William Doughty.

Mr. Crocker, from the committee on territorial affairs, to which had been referred the message of the governor and accompanying documents of this day, made the following report, viz:

"The committee on territorial affairs, to whom was referred the communication of the governor, relative to the distributive share of Wisconsin in the net proceeds of the public lands, recommend the passage of the first resolution reported by said committee on the 6th inst."

Mr. Strong moved, that resolutions (H. of R.) entitled "Resolutions concerning the investigation of several matters therein mentioned," be taken up and adopted;

On which motion, the ayes and noes having been called, it was decided in the negative, as follows:

Those who voted in the affirmative, were

Messrs. Heath, Hugunin, Newland, Rountree, Strong and Whiton-6.

Those who voted in the negative, were

Messrs. Barber, Crocker, Dewey, La Chapelle, White and Martin, (Pres't,)-6.

The following message from the house of representatives was delivered by the clerk thereof, viz:

"Mr. President: I am directed to present for the concurrence of this house the following bills of the house of representatives, viz: No. 10, 'A bill concerning removals from office;'

No. 38, 'A bill to repeal an act concerning the admission of attorneys at law, and for other purposes;'

No. 42, 'A bill for an act authorizing the governor to offer rewards for the apprehension of criminals in certain cases;'

And to inform you that the house of representatives have concurred in bill No. 31, (of this house,) ‘A bill to abolish certain of

fices therein named,' with amendments, in which the concurrence of the council is asked.

I am further directed to inform this house that the house of representatives have adopted the joint report of the committee of conference on bill No. 8, (H. of R.) ‘A bill to establish a territorial road from Prairie du Chien to Lake Superior;' and have also adopted the joint report of the committee of conference on the disagreement of the two houses relative to bill No. 26, (of this house,) "A bill to repeal the several acts concerning the militia, and for other purposes." "

Mr. La Chapelle, from the committee of conference on bill No. 8, (H. of R.) entitled "A bill to establish a territorial road from Prairie du Chien to Lake Superior," made the following report, and moved its adoption, viz:

"The committee of conference on the disagreeing vote of the two houses on 'A bill to establish a territorial road from Prairie du Chien to Lake Superior,' report:

That it is recommended to the council to recede from all its amendments of the third section, excepting to strike out the words in the said third section, viz: 'such sum as they may think just and reasonable, including; and they further recommend to amend the 11th section, by striking out the names of 'William R. Hesk and Narcisse Juneau,' and inserting 'Francis McCarty and John S. Rockwell,' and that the house concur in the above amendments."

The question being upon the adoption of said report,

And the ayes and noes being called for, the result was as follows, viz:

Those who voted in the affirmative, were

Messrs. La Chapelle, Newland, Rountree and Strong-4.
Those who voted in the negative, were

Messrs. Barber, Crocker, Dewey, Heath, Hugunin, White, Whiton and Martin, (Pres't,)-8.

Mr. Strong then moved that another committee of conference be appointed on said bill.

Mr. Whiton moved to amend the motion by striking out all after the word "that," and inserting in lieu thereof, the following: "the council adhere to its amendment:"

On which motion, the ayes and noes were called and the result was as follows, viz:

Those who voted in the affirmative, were

Messrs. Barber, Heath, Hugunin, White, Whiton and Martin, (Pres't,)-6.

Those who voted in the negative, were

Messrs. Crocker, Dewey, La Chapelle, Newland, Rountree and Strong-6.

So the motion was lost.

The question then recurring on the motion of Mr. Strong, to appoint a committee of conference,

The ayes and noes were called, and it was determined in the affirmative, as follows:

Those who voted in the affirmative, were

Messrs. Barber, Crocker, Dewey, Heath, La Chapelle, Newland, Rountree, Strong, and Martin, (Pres't,)-9.

Those who voted in the negative, were

Messrs. Hugunin, White and Whiton-3.

Thereupon Messrs. Strong and Whiton were appointed a committee of conference on the part of the council.

"Joint resolutions relative to the distributive share of Wisconsin in the net proceeds of the public lands," were then taken up, and On motion of Mr. Crocker,

The council resumed its session in committee of the whole for the consideration of said joint resolutions,

Mr. Barber in the chair.

After some time, the committee rose, reported progress and asked leave to sit again thereon;

And leave was granted.

Mr. Dewey, from the committee on engrossed bills, reported the following to be correctly engrossed, to wit:

No. 56, "A bill in relation to taxes in the town of Milwaukee;' and

"Joint resolutions relative to making a settlement with the Milwaukee and Rock River Canal Company."

On motion of Mr. Strong,

Bill No. 48, "A bill to provide for the manner of levying and collecting a territorial revenue,"